Assédio e procedimento disciplinar com intenção de despedimento

: o paradoxo entre o direito de confidencialidade e o direito de defesa do trabalhador

Abstract

Well into the XXI century, we can understand the extent of the efforts to turn labour harassment into a mechanism of manifestation to protect the personality, dignity and physical and moral integrity of employees. Furthermore, it is clear from the Directive 2019/1937 and the Law 93/2021 that harassment was excluded from this instruments that reinforce the protection of whistleblowers and that foresee their confidentiality. However, since the disciplinary accusation is the cornerstone of the disciplinary procedure, we will analyse whether this confidentiality constitutes an obstacle to the employee's right to exercise his defence being aware of the facts he is accused of, as well as their seriousness. Considering the above, this study focuses on the challenges to the employee's defence in disciplinary procedures posed by the confidentiality of whistleblowers of harassment at work, in the light of the Portuguese legal system and taking as a reference the doctrine and jurisprudence that we consider relevant.

Date of Award	30 Jul 2025
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Catarina de Oliveira Carvalho (Supervisor)